Bulletproof Patent: A Practical Guide to Drafting & Obtaining an Enforceable Patent

A "bulletproof" patent is one that does not require litigation because it is written understandably, is clear in scope, and is cleanly prosecuted. If nonetheless it is challenged, a "bulletproof" patent would withstand the rigors of litigation as well as any post-grant procedures in the U.S. or abroad. To that end and with these goals in mind, the authors sought to provide a guide that is readable, practical, and useful.
Publisher: LexisNexis
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$207.00
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ISBN: 9781632828712
Publisher: LexisNexis
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Book Edition: 2015

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Thank you for your purchase of Bulletproof Patent: A Practical Guide to Drafting & Obtaining an Enforceable Patent. As explained by the authors, Jeffrey S. Bergman and Jonathan P. Osha, who together have a combined 30 years as patent practitioners, a "bulletproof" patent is one that does not require litigation because it is written understandably, is clear in scope, and is cleanly prosecuted. If nonetheless it is challenged, a "bulletproof" patent would withstand the rigors of litigation as well as any post-grant procedures in the U.S. or abroad. To that end and with these goals in mind, the authors sought to provide a guide that is readable, practical, and useful. They presented the subject matter in the order in which the patent process takes place, beginning with drafting an application, followed by prosecution, and finally by post-grant considerations. The guide throughout provides suggestions, best practices and hypothetical scenarios, and should be accessible to the patent prosecutor and litigator alike.

The eBook versions of this title feature links to Lexis Advance for further legal research options.

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Table of Contents


CHAPTER 1 Drafting the Application

1.01 Overview

1.02 Patent Drafting Methodology

1.03 Enablement Requirement

1.04 Indefiniteness

1.05 Case Examples -- Detailed Description

1.06 Priority / Benefit Considerations

1.07 Conclusion - - Practice Tips Summar

CHAPTER 2: Claim Drafting and Predicting Claim Construction Issues

2.01 Introduction

2.02 Specific Issues Arising from Foreign Claims

2.03 Strategic Considerations

2.04 Overview of Elements of Indirect Infringement

2.05 Drafting Claims to Target a Single Infringer

2.06 Preamble Usage

2.07 Means Plus Function

2.08 The Temporal Distinction between the Doctrine of Equivalents and Means Plus Function

2.09 Product-By-Process Claiming

2.10 Jepson Claiming

2.11 Markush Claiming

2.12 Predicting Claim Construction Issues and Drafting Claims Accordingly

2.13 Claim Considerations and Particular Terms

2.14 Final Thoughts